The Progression of Gay Rights Throughout the 20th Century
1948
Alfred Kinsey’sSexual Behavior in the Human Maleis published
The publication of Kinsey’s report forced homosexuality—an issue that was never discussed in public except in medical journals as a mental disease—into the limelight. Although the statistics were American, the report began the public discourse for gay rights in Canada. According to Jim Egan, the first Canadian gay rights activist, “no other single publication has ever caused such an outraged clamor… because for the first time, in contradiction to all our tired, old, out-moded platitudinous mumblings of the Church to the contrary, a highly-skilled, dignified scientist… had published a book of statistics that showed the nation was living the kind of sex-life that could, were the laws enforced, place 95% of the population in prison as sex-offenders” (Justice Weekly, 6 March 1954 p.13).
After many well-known men were convicted of sex crimes in Britain, a committee was appointed to make a report on what should be done about homosexuals and the law. The Report recommended that private sexual acts between consulting adults be decriminalized. The Report received much media attention in Canada, and became the basis for the changes to the Canadian Criminal Code in 1969.
The Association for Social Knowledge (ASK) is formed in Vancouver
ASK was the first homophile society in Canada. They supported and promoted legal rights for gay and lesbians in Canada. They opened a communittee centre, and traveled around the country having meetings, lectures, discussions and social events for gay people. More importantly, they published the ASKNewsletter, which gave gay men and women a chance to read serious articles about gay rights, as well as write in to have their own voices heard. Although ASK disbanded in 1969, it helped pave the way for gay men and women to come out in public, and many homophilic societies and publiscations in Canada were later modeled upon their early success, such as The Body Politic.
The Supreme Court denies George Everett Klippert’s appeal
Klippert was arrested in the North West Territories in August 1964 after willingly admitting to being gay to RCMP officers. He was changed with four counts of gross indecency for admitting to having private sexual relations with men. He was sentenced to three years in prison in 1965. In 1966, a psychologist suggested that Klippert be confined indefinitely for being a criminal sex offender because his homosexuality could not be “cured.” The Supreme Court’s shocking denial of his appeal caused a huge uproar in Canadian society. Upon this precedent, any gay man or woman could be imprisoned for life for private same-sex acts. After this decision prominent politicians, such as Tommy Douglas and Pierre Trudeau, called for the Criminal Code to be changed based upon the suggestions made in the Wolfenden Report.
Tommy Douglas, leader of the NDP, and one of the first politicians to speak publicly supporting Klippert's rights
Bill C-150 changed the Criminal Code so that all same-sex acts committed in private by consenting adults over the age of 21 were decriminalized. Justice Minister Pierre Trudeau had introduced the Bill in December 1967, famously stating “the State has no business in the bedrooms of the nation.” Although the Bill still encouraged gay relationships to remain secret, it did clear the way for future gay rights, such as those pertaining to parenting, anti-discrimination, and marriage.
“Toronto's first ‘Gay Day Picnic’ is held at Hanlan's Point as a fundraiser to send activists to Ottawa for a second anniversary march marking decriminalization” (Toronto Pride).“Despite the momentous demonstration that the fundraiser helped facilitate, the picnic was a care-free party that allowed attendees to celebrate and mark Canada’s decriminalization of homosexuality on August 26, 1969. The Gay Day Picnic evolved in 1972 to adopt ‘Gay Pride’ as the title for such celebrations” (Bebout). Although celebrations dwindled in the 1970’s, Pride festivities have been held consistently in Toronto since 1984. “A ten day long event, Toronto’s Pride Week is one of the premier arts and cultural festivals in Canada and one of the largest Pride celebrations in the world with an estimated attendance of over 1 million people.Pride Week celebrates Toronto’s diverse sexual and gender identities, histories, cultures, creativities, families, friends and lives, and is celebration that reflects Toronto’s dedication towards supporting diversity amongst its population” (Pride Toronto). http://www.pridetoronto.com/about_history.php
“In 1971, the modern gay liberation movement in Canada was less than two years old. Its growth had followed changes to the Criminal Code, effective August 26, 1969, that had "decriminalized" sexual acts in private between any two persons 21 years of age or older. But, that change had hardly made homosexuals equal in law. These inequalities resulted in the delivery of the ‘We Demand’ manifesto and demonstration on Parliament Hill, Ottawa on August 21st and 28th 1971. "We Demand" was the first manifesto of Canada's nationwide gay liberation movement focusing on ten demands that advocated for further changes to the Criminal Code and other federal laws that denied homosexuals equal rights. The demonstration in support of the manifesto was held on a rainy afternoon on August 28th and was the first Canadian public gay demonstration" (clga). The ‘We Demand’ demonstration was commemorated throughout the 1970’s and 80’s with ‘Gay Pride’ festivities eventually evolving into the Pride Week celebrations presently held annually in Toronto.
Parliament Hill, Aug 28, 1971: Charles Hill speaking; picketers drenched but determined
(Photos: Canadian Lesbian & Gay Archives, uncredited; possibly by Jearld Moldenhauer) (http://www.clga.ca/)
December 16, 1977
Quebec Charter of Human Rights and Freedoms recognizes sexual orientation as a human rights issue
“Quebec includes sexual orientation in its Human Rights Code, making it the first province in Canada to pass a gay civil rights law. The law makes it illegal to discriminate against gays in housing, public accommodation and employment” (CBC). “This is one of the most important early developments in the fight for homosexual rights because it inspired queer activists to insist that sexual orientation be included in the bill of rights that was being proposed as a new addition to the Canadian constitution in the early 1980’s”(Lahey and Alderson). Victories were won slowly as other provinces included ‘sexual orientation’ into their human rights codes, however, “it was not until 1996 that the federal government passed Bill C-33 which adds "sexual orientation" to the Canadian Human Rights Act” (clga).
Immigration "Homosexuals no longer deemed 'undesireable'"(clga)
“Canada gets a new Immigration Act. Under the act, homosexuals are removed from the list of inadmissible classes”(cbc). “Government press releases on the immigration bill did not mention the change, but Bud Cullen (minister responsible) notes them on CBC radio. David Garmaise of NGRC (National Gay Rights Coalition) said: ‘This represents the first major victory at the federal level for the Canadian gay movement’”(clga). This victory paves the way for the recognition of homosexual rights at the federal level including their inclusion in the Charter of Human Rights and the right for same-sex couples to marry.
“More than 300 men are arrested following police raids at four gay bath houses in Toronto, the largest mass arrest since the War Measures Act was invoked during the October Crisis. The next night, about 3,000 people march in downtown Toronto to protest the arrests. This is considered to be Canada's 'Stonewall’” (CBC). “The raids and subsequent protests led to the appointment of Arnold Bruner to conduct a city-funded study into how to improve police and gay community relations. After considering Bruner’s report the committee of city council asked police chief to issue a statement recognizing legitimacy of gay community and setting up gay awareness programme for police”(clga). Since the 1981 bathhouse raids and the resulting emphasis on the need for a positive relationship between police and homosexuals, several cities throughout Canada have established a Police Liaison Committee for GLBT communities. http://www.cbc.ca/news/background/samesexrights/timeline_canada.html
Effigy of Roy McMurtry (Attorney General 1975-1985) burns
at a demonstration against the Toronto bath house raids. McMurtry was suspected to have been the driving force
behind the raids.
(http://www.xtra.ca/public/Toronto/Roys_resurrection-3701.aspx)
February 29th, 1988
Svend Robinson is first MP to reveal that he is gay
This was a huge step for a Canadian politician at the time. Robinson was ridiculed by Brian Mulroney among other politicians and told that a homosexual did not make a good role model for children and therefore had no place in politics. Robinson’s “coming out” which led to the physical destruction of his office, paved the way for other politicians to reveal their sexuality, and began to bring about a change in the Canadian mindset regarding homosexuality. Robinson was re-elected years later.
The Supreme Court of Canada ruled that even though the Canadian Charter of Rights and Freedoms prohibits discrimination on the grounds of sexual orientation James Egan and Jack Nesbit, a gay couple, are not entitled to spousal benefits under the Old Age Security program. The court decided that the denial of benefits was a reasonable limit on the rights of lesbians and gays. This ruling opened the door for protests and gave gays and lesbians a new battle front. The battle for spousal benefits would last five years.
Bill C-23 is passed: Modernization of Benefits and Obligations Act
Bill C-23 was created to bring about the extension of full benefits and obligations to persons in same sex relationships. The bill amended 68 federal statutes, affecting 20 departments and agencies. The aim was to make homosexual marriages equivalent to heterosexual marriages; however, the bill's promoters had to clarify that C-23 would make same sex marriages equivalent to common law marriages, not license marriage. The bill included the definition of marriage as a union between one man and one woman. Although this bill gave many rights to LGBT groups, it still did not legalize same sex marriages.
Prime Minister Jean Chretien was responsible for pushing the bill through parliament despite the opposition it faced from 14 members of his own party.
First Gay Marriage in the World, Takes Place in Canada
Reverend Brent Hawkes of the Toronto Metropolitan Community Church (MCC) decided in December 2000 that he would conduct legal same-sex marriages in his church. In January Canadians Kevin Bourassa and Joe Varnell were married in Toronto, Ontario. Under Secion 5 of the Ontario Marriage Act, a couple can be granted a marriage license if a church publishes their names for three weeks before the wedding. In keeping with this tradition, the MCC was able to issue a marriage license, but the Canadian government refused to register the marriage. The wedding gave hope to other gay couples who wanted to be married, and it started a political battle with the Canadian government as to what the defintion of marriage is. This battle would go on for four and a half years until the creation of the Civil Marriage Act.
Bourassa and Varnell Wedding (www.samesexmarriage.ca)
July 20th, 2005
Bill C-38 is passed: the Civil Marriage Act
After being introduced on February 1, 2005, the bill which redesigned the concept of marriage and legalized same sex marriage throughout Canada is passed and becomes a law. This is a very important bill because it is Federal and therefore takes away the power of the provinces to set their own regulations regarding same sex marriages. Before this bill, eight of the ten provinces had already legalized same sex marriage, but the passing of C-38 takes the decision away from the provinces and unites Canada’s stand. Gay couples from around the world can now be married in Canada and receive a marriage licence. The Conservative leader, Stephen Harper, states that if the Conservatives win the next election the law will be revisited; however, when Harper tries to reopen a debate on the law in December of 2006, he is defeated. Canada was the fourth country in the world to legalize gay marriage.
Governor General Adrienne Clarkson was responsible for giving royal assent to bills, but due to her hospitalization in early July, Mme Justice McLachin stepped in for the final step in passing C-38.
(1914-1969)
CBC Archives. “A Psychiatric Problem.” Gay and Lesbian Emergence: Out in Canada. 16 October 1959. 10 February 2009. http://archives.cbc.ca/politics/rights_freedoms/topics/599/
CBC Archives. “Jailed for Homosexuality.” Gay and Lesbian Emergence: Out in Canada. 7 November 1967. 10 February 2009. http://archives.cbc.ca/politics/rights_freedoms/topics/599/
CBC News. “In Depth Same Sex Rights, Canada Timeline.” 1 March 2007. 9 February 2009. http://www.cbc.ca/news/background/samesexrights/timeline_canada.html
Champagne, Robert, ed. Jim Egan: Canada’s Pioneer Gay Activist. Toronto: Canadian Lesbian and Gay History Network, 1987.
Kinsman, Gary. The Regulation of Desire: Sexuality in Canada. Montreal: Black Rose Books, 1987.
Kissack, Terence, ed. “Kinsey and Homosexuality in the 1950s.” Journal of the History of Sexuality. 9.4 (October 2000): 474-491.
Maynard, Stephen. “Through a Hole in the Wall: Homosexual Subcultures, Police Surveillance, and the Dialectics of Discovery, Toronto, 1890-1930.” Journal of the History of Sexuality. 5.4 (1994): 207-242.
McLeod, Donald W. Lesbian and Gay Liberation in Canada: A Selected Annotated Chronology, 1964-1975. Toronto: ECW Press/Homewood Book, 1996.
Warner, Tom. “Part One: From Oppression to Liberation: Gays, Lesbians, and Bisexuals in Canada Prior to 1975.” Never Going Back: A History of Queer Activism in Canada. Toronto: University of Toronto Press, 2002. 17-61.
(1970-1985)
Bébout, Rick. “Promiscuous Affections, 1977.” Promiscuous Affections: Life in the Bar,1969-2000. 10. July 2003. 11 Feb 2009. <http://www.rbebout.com/bar/1971.htm>.
Bourassa, Kevin and Joe Varnell. Just Married: Gay Marriage and the Expansion of Human Rights. Scarborough: Doubleday, 2002.
Canadian Lesbian and Gay Archives. “We Demand, 1997.” Keeping our Stories andHistory Alive. 26. June. 1997. 13 Feb 2009. <http://www.clga.ca/Material/Records/docs/wedemand.htm>.
CBC Archives. “The First Gay March.” Gay and Lesbian Emergence: Out in Canada. 28 August 1971. 15 Feb 2009. <http://archives.cbc.ca/politics/rights_freedoms/topics/599/>.
CBC Archives. “The Rocky Road to Gay Rights.” Gay and Lesbian Emergence: Out in Canada. 16 January 1978. 15 Feb 2009. <http://archives.cbc.ca/politics/rights_freedoms/topics/599/>.
CBC News. “In Depth Same Sex Rights, Canada Timeline.” 1 Mar 2007. 14 Feb 2009. <http://www.cbc.ca/news/ background/samesexrights/timeline_canada.html>
Lahey, Kathleen A. and Alderson, Kevin. Same-Sex Marriage: The Personal andthePolitical. Toronto: Insomniac Press, 2004.
McCann, Marcus. “The Problem with Equality”. Capital Xtra. (Ottawa); 12/10/2008. Issue 197, p5-5, 1/3p. 15. Feb 2009. < http://web.ebscohost.com>. Path: Database LGBT Life with full text. Pride Toronto. 14. Feb 2009. <http://www.pridetoronto.com/index.php>.
Yogus, John A., Duplak, Randall and Trainor, J. Royden. Sexual Orientation andCanadian Law: An Assessment of the Law Affecting Lesbian and Gay Persons. Toronto: Edmond Montgomery Publications Limited, 1996.
(1986 to 2008) Jim Loves Jack: The James Egan Story. DVD. Directed by David Adkin. Cinema Guild, 1996.
Adam, Barry D. The Rise of A Gay and Lesbian Movement. Boston: Twayne, 1987.
Bourassa, Kevin and Joe Varnell. Just Married: Gay Marriage and the Expansion of Human Rights. Scarborough: Doubleday, 2002.
Bourassa, Kevin and Joe Varnell. “Equal Marriage for Same Sex Couples.” http://www.samesexmarriage.ca (accessed February 4, 2009).
Byfield, Link. "Do you sense, as I do, the lib-lefties are starting to run out of gas?." Report / Newsmagazine (Alberta Edition) 26, no. 51 (April 10, 2000): 4. LGBT Life with Full Text, EBSCOhost (accessed February 12, 2009).
CBC News. “In Depth Same Sex Rights, Canada Timeline.” http://www.cbc.ca/news/ background/samesexrights/timeline_canada.html (accessed February 12, 2009).
Krashinsky, Suasn. "'Huge step' for politics." Capital Xtra (Ottawa) (March 12, 2008): 10-10. LGBT Life, EBSCOhost (accessed February 12, 2009).
Rayside, David. Queer Inclusions, Continental Divisions: Public Recognition of Sexual Diversity in Canada and the United States. Toronto: University of Toronto, 2008.
Smith, Miriam. Lesbian and Gay Rights in Canada. Toronto: University of Toronto, 1999.
Warner, Tom. Never Going Back: A History of Queer Activism in Canada. Toronto: University of Toronto, 2002.
Alternative Time Line Assignment
The Progression of Gay Rights Throughout the 20th Century
Alfred Kinsey’s Sexual Behavior in the Human Male is published
The publication of Kinsey’s report forced homosexuality—an issue that was never discussed in public except in medical journals as a mental disease—into the limelight. Although the statistics were American, the report began the public discourse for gay rights in Canada. According to Jim Egan, the first Canadian gay rights activist, “no other single publication has ever caused such an outraged clamor… because for the first time, in contradiction to all our tired, old, out-moded platitudinous mumblings of the Church to the contrary, a highly-skilled, dignified scientist… had published a book of statistics that showed the nation was living the kind of sex-life that could, were the laws enforced, place 95% of the population in prison as sex-offenders” (Justice Weekly, 6 March 1954 p.13).
Dr. Alfred Kinsey (http://www.ralphmag.org/DM/kinsey.html)
The Wolfenden Report is published
After many well-known men were convicted of sex crimes in Britain, a committee was appointed to make a report on what should be done about homosexuals and the law. The Report recommended that private sexual acts between consulting adults be decriminalized. The Report received much media attention in Canada, and became the basis for the changes to the Canadian Criminal Code in 1969.
The Wolfenden Report
(http://www.lagna.org.uk/images/exhibitions/1967_wolfenden-report.jpg)
The Association for Social Knowledge (ASK) is formed in Vancouver
ASK was the first homophile society in Canada. They supported and promoted legal rights for gay and lesbians in Canada. They opened a communittee centre, and traveled around the country having meetings, lectures, discussions and social events for gay people. More importantly, they published the ASK Newsletter, which gave gay men and women a chance to read serious articles about gay rights, as well as write in to have their own voices heard. Although ASK disbanded in 1969, it helped pave the way for gay men and women to come out in public, and many homophilic societies and publiscations in Canada were later modeled upon their early success, such as The Body Politic.
Copy of ASK Newsletter
(http://www.rbebout.com/oldbeep/pix/ask.jpg)
The Supreme Court denies George Everett Klippert’s appeal
Klippert was arrested in the North West Territories in August 1964 after willingly admitting to being gay to RCMP officers. He was changed with four counts of gross indecency for admitting to having private sexual relations with men. He was sentenced to three years in prison in 1965. In 1966, a psychologist suggested that Klippert be confined indefinitely for being a criminal sex offender because his homosexuality could not be “cured.” The Supreme Court’s shocking denial of his appeal caused a huge uproar in Canadian society. Upon this precedent, any gay man or woman could be imprisoned for life for private same-sex acts. After this decision prominent politicians, such as Tommy Douglas and Pierre Trudeau, called for the Criminal Code to be changed based upon the suggestions made in the Wolfenden Report.
Tommy Douglas, leader of the NDP, and one of the first politicians to speak publicly supporting Klippert's rights
(http://www.cbc.ca/ideas/features/tommy-douglas/images/tommy-douglas.jpg)
Bill C-150 is passed in Parliament
Bill C-150 changed the Criminal Code so that all same-sex acts committed in private by consenting adults over the age of 21 were decriminalized. Justice Minister Pierre Trudeau had introduced the Bill in December 1967, famously stating “the State has no business in the bedrooms of the nation.” Although the Bill still encouraged gay relationships to remain secret, it did clear the way for future gay rights, such as those pertaining to parenting, anti-discrimination, and marriage.
Pierre Trudeau, Justice Minister who introduced Bill C-150 (http://www.cairnsmedia.com/images/Trudeau-photo.jpg)
The Beginnings of Pride Week in Toronto
“Toronto's first ‘Gay Day Picnic’ is held at Hanlan's Point as a fundraiser to send activists to Ottawa for a second anniversary march marking decriminalization” (Toronto Pride).“ Despite the momentous demonstration that the fundraiser helped facilitate, the picnic was a care-free party that allowed attendees to celebrate and mark Canada’s decriminalization of homosexuality on August 26, 1969. The Gay Day Picnic evolved in 1972 to adopt ‘Gay Pride’ as the title for such celebrations” (Bebout). Although celebrations dwindled in the 1970’s, Pride festivities have been held consistently in Toronto since 1984. “A ten day long event, Toronto’s Pride Week is one of the premier arts and cultural festivals in Canada and one of the largest Pride celebrations in the world with an estimated attendance of over 1 million people. Pride Week celebrates Toronto’s diverse sexual and gender identities, histories, cultures, creativities, families, friends and lives, and is celebration that reflects Toronto’s dedication towards supporting diversity amongst its population” (Pride Toronto).http://www.pridetoronto.com/about_history.php
Flyer for "Toronto's First Gay Picnic" August 1, 1971
(http://www.rbebout.com/bar/pix6972/gpic.jpg)
"We Demand" Manifesto and Demonstration
“In 1971, the modern gay liberation movement in Canada was less than two years old. Its growth had followed changes to the Criminal Code, effective August 26, 1969, that had "decriminalized" sexual acts in private between any two persons 21 years of age or older. But, that change had hardly made homosexuals equal in law. These inequalities resulted in the delivery of the ‘We Demand’ manifesto and demonstration on Parliament Hill, Ottawa on August 21st and 28th 1971. "We Demand" was the first manifesto of Canada's nationwide gay liberation movement focusing on ten demands that advocated for further changes to the Criminal Code and other federal laws that denied homosexuals equal rights. The demonstration in support of the manifesto was held on a rainy afternoon on August 28th and was the first Canadian public gay demonstration" (clga). The ‘We Demand’ demonstration was commemorated throughout the 1970’s and 80’s with ‘Gay Pride’ festivities eventually evolving into the Pride Week celebrations presently held annually in Toronto.http://www.clga.ca/Material/Records/docs/wegot.htmhttp://www.rbebout.com/oldbeep/geneo.htm
Parliament Hill, Aug 28, 1971: Charles Hill speaking; picketers drenched but determined
(Photos: Canadian Lesbian & Gay Archives, uncredited; possibly by Jearld Moldenhauer)
(http://www.clga.ca/)
Quebec Charter of Human Rights and Freedoms recognizes sexual orientation as a human rights issue
“Quebec includes sexual orientation in its Human Rights Code, making it the first province in Canada to pass a gay civil rights law. The law makes it illegal to discriminate against gays in housing, public accommodation and employment” (CBC). “This is one of the most important early developments in the fight for homosexual rights because it inspired queer activists to insist that sexual orientation be included in the bill of rights that was being proposed as a new addition to the Canadian constitution in the early 1980’s”(Lahey and Alderson). Victories were won slowly as other provinces included ‘sexual orientation’ into their human rights codes, however, “it was not until 1996 that the federal government passed Bill C-33 which adds "sexual orientation" to the Canadian Human Rights Act” (clga).http://www.cbc.ca/news/background/samesexrights/timeline_canada.html
Quebec flag combined with the rainbow design symbolic of the gay pride movement
(http://www.gayjourney.com/flags_gay/quebec.gif)
Immigration "Homosexuals no longer deemed 'undesireable'"(clga)
“Canada gets a new Immigration Act. Under the act, homosexuals are removed from the list of inadmissible classes”(cbc). “Government press releases on the immigration bill did not mention the change, but Bud Cullen (minister responsible) notes them on CBC radio. David Garmaise of NGRC (National Gay Rights Coalition) said: ‘This represents the first major victory at the federal level for the Canadian gay movement’”(clga). This victory paves the way for the recognition of homosexual rights at the federal level including their inclusion in the Charter of Human Rights and the right for same-sex couples to marry.http://www.clga.ca/
http://www.cbc.ca/news/background/samesexrights/timeline_canada.html
Canadian Flag is symbolically represented with the GLBT rainbow flag to represent Canada's growing acceptance of homosexual rights.
(http://www.glbtpridestore.com/store/images/medium/pin%20-%20canada%20flag_MED.jpg)
"Canada's 'Stonewall'" (CBC)
“More than 300 men are arrested following police raids at four gay bath houses in Toronto, the largest mass arrest since the War Measures Act was invoked during the October Crisis. The next night, about 3,000 people march in downtown Toronto to protest the arrests. This is considered to be Canada's 'Stonewall’” (CBC). “The raids and subsequent protests led to the appointment of Arnold Bruner to conduct a city-funded study into how to improve police and gay community relations. After considering Bruner’s report the committee of city council asked police chief to issue a statement recognizing legitimacy of gay community and setting up gay awareness programme for police”(clga). Since the 1981 bathhouse raids and the resulting emphasis on the need for a positive relationship between police and homosexuals, several cities throughout Canada have established a Police Liaison Committee for GLBT communities.http://www.cbc.ca/news/background/samesexrights/timeline_canada.html
Effigy of Roy McMurtry (Attorney General 1975-1985) burns
at a demonstration against the Toronto bath house raids. McMurtry was suspected to have been the driving force
behind the raids.
(http://www.xtra.ca/public/Toronto/Roys_resurrection-3701.aspx)
Svend Robinson is first MP to reveal that he is gay
This was a huge step for a Canadian politician at the time. Robinson was ridiculed by Brian Mulroney among other politicians and told that a homosexual did not make a good role model for children and therefore had no place in politics. Robinson’s “coming out” which led to the physical destruction of his office, paved the way for other politicians to reveal their sexuality, and began to bring about a change in the Canadian mindset regarding homosexuality. Robinson was re-elected years later.Svend Robinson
(http://www.cbc.ca/news/background/samesexrights/timeline_canada.html)
Egan vs. Canada Ruling
The Supreme Court of Canada ruled that even though the Canadian Charter of Rights and Freedoms prohibits discrimination on the grounds of sexual orientation James Egan and Jack Nesbit, a gay couple, are not entitled to spousal benefits under the Old Age Security program. The court decided that the denial of benefits was a reasonable limit on the rights of lesbians and gays. This ruling opened the door for protests and gave gays and lesbians a new battle front. The battle for spousal benefits would last five years.James Egan
(http://www.cbc.ca/news/background/samesexrights/timeline_canada.html)
Bill C-23 is passed: Modernization of Benefits and Obligations Act
Bill C-23 was created to bring about the extension of full benefits and obligations to persons in same sex relationships. The bill amended 68 federal statutes, affecting 20 departments and agencies. The aim was to make homosexual marriages equivalent to heterosexual marriages; however, the bill's promoters had to clarify that C-23 would make same sex marriages equivalent to common law marriages, not license marriage. The bill included the definition of marriage as a union between one man and one woman. Although this bill gave many rights to LGBT groups, it still did not legalize same sex marriages.Prime Minister Jean Chretien was responsible for pushing the bill through parliament despite the opposition it faced from 14 members of his own party.
Prime Minister Jean Chretien
(http://en.wikipedia.org/wiki/Jean_Chretien)
First Gay Marriage in the World, Takes Place in Canada
Reverend Brent Hawkes of the Toronto Metropolitan Community Church (MCC) decided in December 2000 that he would conduct legal same-sex marriages in his church. In January Canadians Kevin Bourassa and Joe Varnell were married in Toronto, Ontario. Under Secion 5 of the Ontario Marriage Act, a couple can be granted a marriage license if a church publishes their names for three weeks before the wedding. In keeping with this tradition, the MCC was able to issue a marriage license, but the Canadian government refused to register the marriage. The wedding gave hope to other gay couples who wanted to be married, and it started a political battle with the Canadian government as to what the defintion of marriage is. This battle would go on for four and a half years until the creation of the Civil Marriage Act.Bourassa and Varnell Wedding
(www.samesexmarriage.ca)
Bill C-38 is passed: the Civil Marriage Act
After being introduced on February 1, 2005, the bill which redesigned the concept of marriage and legalized same sex marriage throughout Canada is passed and becomes a law. This is a very important bill because it is Federal and therefore takes away the power of the provinces to set their own regulations regarding same sex marriages. Before this bill, eight of the ten provinces had already legalized same sex marriage, but the passing of C-38 takes the decision away from the provinces and unites Canada’s stand. Gay couples from around the world can now be married in Canada and receive a marriage licence. The Conservative leader, Stephen Harper, states that if the Conservatives win the next election the law will be revisited; however, when Harper tries to reopen a debate on the law in December of 2006, he is defeated. Canada was the fourth country in the world to legalize gay marriage.Governor General Adrienne Clarkson was responsible for giving royal assent to bills, but due to her hospitalization in early July, Mme Justice McLachin stepped in for the final step in passing C-38.
The Rt. Hon. Chief Justice of Canada, Beverly McLachin, P.C.
(http://en.wikipedia.org/wiki/Beverley_McLachlin)
Sources
(1914-1969)
CBC Archives. “A Psychiatric Problem.” Gay and Lesbian Emergence: Out in Canada. 16 October 1959. 10 February 2009. http://archives.cbc.ca/politics/rights_freedoms/topics/599/
CBC Archives. “Jailed for Homosexuality.” Gay and Lesbian Emergence: Out in Canada. 7 November 1967. 10 February 2009. http://archives.cbc.ca/politics/rights_freedoms/topics/599/
CBC News. “In Depth Same Sex Rights, Canada Timeline.” 1 March 2007. 9 February 2009. http://www.cbc.ca/news/background/samesexrights/timeline_canada.html
Champagne, Robert, ed. Jim Egan: Canada’s Pioneer Gay Activist. Toronto: Canadian Lesbian and Gay History Network, 1987.
Kinsman, Gary. The Regulation of Desire: Sexuality in Canada. Montreal: Black Rose Books, 1987.
Kissack, Terence, ed. “Kinsey and Homosexuality in the 1950s.” Journal of the History of Sexuality. 9.4 (October 2000): 474-491.
Maynard, Stephen. “Through a Hole in the Wall: Homosexual Subcultures, Police Surveillance, and the Dialectics of Discovery, Toronto, 1890-1930.” Journal of the History of Sexuality. 5.4 (1994): 207-242.
McLeod, Donald W. Lesbian and Gay Liberation in Canada: A Selected Annotated Chronology, 1964-1975. Toronto: ECW Press/Homewood Book, 1996.
Warner, Tom. “Part One: From Oppression to Liberation: Gays, Lesbians, and Bisexuals in Canada Prior to 1975.” Never Going Back: A History of Queer Activism in Canada. Toronto: University of Toronto Press, 2002. 17-61.
(1970-1985)
Bébout, Rick. “Promiscuous Affections, 1977.” Promiscuous Affections: Life in the Bar,1969-2000. 10. July 2003. 11 Feb 2009. <http://www.rbebout.com/bar/1971.htm>.
Bourassa, Kevin and Joe Varnell. Just Married: Gay Marriage and the Expansion of Human Rights. Scarborough: Doubleday, 2002.
Canadian Lesbian and Gay Archives. “We Demand, 1997.” Keeping our Stories and History Alive. 26. June. 1997. 13 Feb 2009. <http://www.clga.ca/Material/Records/docs/wedemand.htm>.
CBC Archives. “The First Gay March.” Gay and Lesbian Emergence: Out in Canada. 28 August 1971. 15 Feb 2009. <http://archives.cbc.ca/politics/rights_freedoms/topics/599/>.
CBC Archives. “The Rocky Road to Gay Rights.” Gay and Lesbian Emergence: Out in Canada. 16 January 1978. 15 Feb 2009. <http://archives.cbc.ca/politics/rights_freedoms/topics/599/>.
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